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CCDA Minutes - 01/23/2007 Agenda Item No . ForAgenda d 264 ,.2 , TIGARD Tigard City Council Meeting Minutes Date: January 23, 2007 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Council President Sherwood Councilor Gretchen Buehner Councilor Sally Harding Councilor Tom Woodruff Absent: Mayor Dirksen Agenda Item Discussion & Comments Action Items (follow up Study Session Council President Sherwood called the meeting to order at 6 : 30 p .m. Review Community Development Director Coffee Encroachment Permit introduced this item and Right-of-Way Policy Administrator Werner. The issue before the City Council was a review of the City policy for permitting encroachments into the rights of way or easements, including a recommended $300 permit fee. Council will be asked to approve the permit fee at a later date. Right-of-Way Administrator Werner explained she was referring, for the most part, to fences and retaining walls that are built in the right-of- way or public utility easement or even in parks or other public land. There is a Code provision dealing with encroachments that requires a homeowner to obtain a permit before they can put anything in the right of way with the exception of a mailbox, lawn plantings and a few other things, such as handrails to steps and anything else that would have a minor impact on the primary or planned use of the right-of-way easement so long as there is not a line-of-sight hazard issue. People never come to get these permits; in fact, there was not even a permit form to be used. If there is a fee, it would need to be set by City Council resolution. Tigard City Council Minutes - January 23 , 2007 1 Agenda Item Discussion & Comments Action Items follow up Right-of-Way Administrator Werner said an issue would likely occur when people have already built something such as a fence and the City staff tells them that their fence is in the right of way and it will need to be moved or they need to get a permit and pay a fee. She said she wanted to make sure the City Council is aware because people might be upset when the City contacts them and asks them to relocate their retaining wall or fence. Ms. Werner said the Code is written such that the exception for a minor impact on the use of the right of way will keep a lot of people from being required to obtain a permit. Many of the rights of way are completely built out or the City has no plans to do anything on the right of way and, therefore, people would not be asked to remove anything unless there is a sight or other safety issue. There are a host of problems . For example, if you allow one person's fence to stay up and the neighbor wants to put one up, there will be a problem. There will be some issues that will need to be worked out. The plan staff is proposing is that before a structure is built, a permit will be obtained from Community Development Department staff. If there is a complaint from a resident that appears to be an issue, Community Development Department staff will view the situation to determine if it is a hazard or if it can be considered an exception to the Code and ignored. Another option would be to allow it, but require a permit. Ms. Werner said that part of the benefit of the permit is that it is a revocable permit that is recorded with Washington County so that it is clear that the use has been allowed but could be required to be removed at the applicant's expense. The permit would document the reason why the structure is being allowed. Ms . Werner said, basically the staff's proposal is to enforce the Code that is already in place. Tigard City Council Minutes - January 23, 2007 2 Agenda Item Discussion & Comments Action Items (follow up) Council President Sherwood asked if staff was going to start looking for violations or will it be complaint driven? Ms. Werner said enforcement activities would be complaint driven. However, sometimes staff sees where someone has built a fence around a speed limit sign or stop sign, which are blatant. Most of the time, the encroachments fall within the exception of a minor impact and, in this case, a permit would not be needed. For the most part, Ms . Werner said staff could ignore the minor impacts because there is no hazard and it does not impact the right of way. Council President Sherwood referred to recent boat-cover issues with a number of properties. Community Development Director Coffee said there are twelve such properties and he said he thought the City Council might hear more about this at their Fifth Tuesday meeting. These have to do with violations of setbacks. This issue now before the City Council deals with situations that are regulated in the Code: Do not build in the right of way. There has been no systematic procedure for allowing encroachment in the right of way and no permits have been issued to give the City a revocable right making it clear that when it comes time to use the right of way that either the applicant or the successor to the property has agreed to the revocable permit. If this is done over time then the City will be in a better position as "right-of-way requirements become real." Community Development Director Coffee said there is also a potential safety problem because of visibility. Recently there have been the storage containers (PODS), which are placed in the right of way and stay there for a long period of time. The Code can be cited to have the person move it or to issue a permit to establish a time period. He said this would give the staff the authority to more consistently enforce the Code. The bottom line is that the Code has been written for a reason, which is to protect the right of way. Tigard City Council Minutes - January 23, 2007 3 Agenda Item Discussion & Comments Action Items (follow up In response to a question from Councilor Woodruff, Community Development Director Coffee explained that a similar action could be taken as what was done with front-yard structures; that is, publish an article in Cityscape to educate the residents about setbacks and that structures are prohibited. Right-of-Way Administrator Werner said that, internally, staff needs to do a better job when people call and ask about requirements for building a fence to consistently tell these people about the requirements if there is an easement or right of way. She said she thinks staff uses the height requirements and, if the structure is below that height limit, the person is told they are "fine" and can build the structure. Council President Sherwood noted her concerns of this being acceptable for years and now charging a fee and requiring a permit. City Manager Prosser said people often don't realize that their property line is not to the curb; often it is five or six feet back from the curb because there is space allowed for a sidewalk. Therefore, if a fence has been built to the curb, then the fence is in the right of way — that's an issue. If there is a fence in the middle of the block of a residential area and no sight obstruction is present and no sidewalk is planned, then it is not a problem. Councilor Harding asked whether a revocable permit was absolutely necessary. Councilor Buehner said there are legal reasons why this is needed. Right-of-Way Administrator Werner said the City could attempt to enforce the Code, but the difficulty is when the fence is in the right of way and "you've driven by that fence every day for ten years and now you want to enforce the Code . . . we are in a better position if we've done something ahead of time." Councilor Harding disagreed with a sentence in the staff's packet materials stating that if the encroachment complies with Code requirements, a permit and permit fee will be needed. Right-of-Way Tigard City Council Minutes - January 23, 2007 4 Agenda Item Discussion & Comments Action Itemsfollow up Administrator Werner responded that she thought there were two issues: 1 . Do we like the policy of trying to enforce the Code? 2. What should the fee be, if anything? This will take a lot of staff time — a site visit would be needed, a plan review for a structure and then an inspection of the structure once built. Because of the staff time required a fee was proposed. Right-of-Way Administrator Werner said perhaps there could be different levels of a fee. For example, if you come in before the structure is built the fee would be less than if a permit is requested after the structure is in place. Council President Sherwood suggested there be an effort, at first, to have people come get a permit even if a structure is already in place. Councilor Harding said another way to look at it is if a home is sold, at the point of sale, one of the items checked before the title is signed off is that there be a compliance review by the City and the fee would be paid at that time. Councilor Harding noted a concern that trying to look at the entire City at once would be construed negatively. City Manager Prosser said he did not think staff was proposing to do this in a blanket effort across the City. It would still be complaint driven or as problems axe identified. Councilor Harding referred to the possibility of ending in a neighbor-against- neighbor type of situation. Right-of-Way Administrator Werner said staff has discussed this and they think the biggest problem is that if we choose not to do anything, when the next neighbor decides to do the same thing, you "pretty much have to let them do it. " Consistency in enforcement is needed. A decision is needed about how to enforce this section of the Code because it is difficult to enforce it now and not look at what is existing. The fee can be a separate issue and the decision Tigard City Council Minutes - January 23, 2007 5 Agenda Item Discussion & Comments Action Items (follow up could be for no fee, a nominal fee, or a fee based on scale. Councilor Buehner noted she remembered reading a case where there was an argument made successfully that unless it was a revocable license, it could be construed as an irrevocable license. The City does not want to be in a situation where it cannot resolve issues "down the road." Council President Sherwood said this is something that needs to be discussed in more detail and asked that this be scheduled for a work session for further Council review. In response to a question from Councilor Woodruff, Council President Sherwood indicated that she thought there would be a hearing before the Council makes a decision. Community Development Director Coffee reminded the City Council that the Code provisions are already in place and stated that it is not in the public interest to allow property owners to encroach on the right of way. Customs, over a period of time, have evolved where people have claimed the right of way, and the encroachment has been ignored unless an issue came up that made it necessary for staff to enforce the Code. Community Development Director Coffee said, "That's not a very good way to run a business . You ought to be saying, `If that's important, at least prospectively, we ought to be insuring that people who want to build in our right of way get a permit. ' It's not suggesting that we go out and round up everybody who has planted a tree or a fence in the right way. We ought to establish from a `day certain' how we are going to administer this Code or get rid of it, quite frankly. Because we are saying two things : We're saying don't build in the right of way, but go ahead. So, that's kind of the policy issue and, I think you are right, a workshop discussion that goes into it deeper, that's fine. Then, if we want to have a hearing, we can. But, it's not like we are enacting new legislation. We are simply saying, `How do we Tigard City Council Minutes - January 23 , 2007 Agenda Item Discussion & Comments Action Items follow up administer this policy?"' Right-of-Way Administrator Werner said if the City Council decided to approve a fee, a fee resolution would be needed, so there will be at least a third discussion of this issue. Councilor Woodruff asked that when the staff returns for a workshop discussion to have information about how other Cities are handling this type of situation. Community Development Director Coffee added that Public Works Director Koellermeier has noted there is a related problem in public open space and park areas where adjoining property owners have claimed the park or open space as part of their property. This issue will be brought back to the City Council at the same time. Right-of-Way Administrator Wexner said she has talked to Public Works staff and they like the proposed policy. This matter will be scheduled for a future workshop discussion. • Update — Right-of-Way Administrator Werner advised Metropolitan Area that MACC distributed information about an Communications FCC ruling that impacts cable franchising. She Commission said if the City Council has time to review this (M )kCC) information or if they have questions, to give her a call. She said the FCC is trying to preempt local governments' right to locally franchise cable providers, which would have an impact on the funding from franchises . • Intergovernmental City Engineer Duenas advised staff has been Agreement with coordinating with CWS for quite awhile Clean Water regarding an update of the CWS Sanitary Sewer Services (CWS) Master Plan. This update is expected to provide for Sanitary Sewer a schedule of projects to meet the needs of the Master Plan City for the next 20 years. Many of the projects Preparation listed in the 2000 Sewer Master Plan Update were based on a number of presumptions . After Tigard City Council Minutes - January 23, 2007 7 Agenda Item Discussion & Comments Action Items follow up a lot of discussion about the scope of what needs to be done, staff decided that field monitoring is probably the best way to proceed. The monitoring would need to be done over a two-year period because there is a need to get dry and wet weather flow. The sanitary sewer fund will be spent on construction projects that are really needed rather than on projects that may or may not be needed because they were proposed based on estimated flows . The estimated cost of the master plan update is $ 151 ,000: flow monitoring to cost $35,000 and $ 116,000 for the consultant contract. The need for this fiscal year is $ 85,000 and $50,000 was budgeted; therefore, there is a need for additional funding. Next fiscal year, staff will propose a budget of $70,000 for this project. If the City Council is agreeable, staff will return on February 13 with a consent agenda item asking for Council approval of the Intergovernmental Agreement with CWS . This will be paid out of the sanitary sewer fund. In response to a question from Council President Sherwood, City Engineer Duenas explained the flow monitoring indicates what is actually flowing through the pipes and can also indicate if there is inflow. For example, if there is a storm event and the flow increases dramatically, this indicates there is problem in the system. In response to a question from Councilor Woodruff, City Engineer Duenas advised the Sewer Master Plan update is for the Tigard area and we want to get our own master plan out of this project. It's an opportunity to get the true numbers of what is needed to be done and to move forward confidently based on the numbers to do the projects. Council President Sherwood said she is favorable to be proactive rather than reactive. City Engineer Duenas reiterated that this would allow the City to set up the projects to be done Tigard City Council Minutes - January 23, 2007 8 Agenda Item Discussion & Comments Action Items follow up over a 20-year period. The Community Investment Program is set up in five-year increments and this will allow us to program those funds for the next five years. CWS is also doing this with other cities . Councilor Harding said it seems to her that CWS would have to do some of this flow monitoring regardless whether Tigard participates or not. City Engineer Duenas said he did not think that CWS will be doing the monitoring in the detail that the City wants. Council consensus was for staff to present the IGA at the February 13, 2007, City Council meeting on the consent agenda. Study Session (cont.) City Engineer Duenas reported that staff wants Review Additional to re-rate the streets to update street-condition Funding Request for reports to develop a new five-year street Pavement maintenance plan and reevaluate the street Management Services maintenance fee. This reevaluation needs to be done within the next couple of months. A January 18, 2007, memorandum from City Engineer Duenas explains the supplemental funding request and is on file in the City Recorder's office. Council members agreed to proceeding with the Pavement Management Services because this reevaluation was a condition of implementation of the street maintenance fee and will assist in determining how to spend funds wisely. Council members directed that what is being done to reevaluate the street maintenance fee be communicated to citizens . On the Consent Agenda (see Item Nos . 3 .4. f. and 3 . 5) Council will consider a budget amendment and a contract award relating to the street maintenance fee. Tigard City Council Minutes - January 23, 2007 9 Agenda Item Discussion & Comments Action Items (follow up Executive Session The Tigard City Council went into Executive Session at 7 :02 p.m. to discuss pending litigation under ORS 192. 660(2) (h) . Executive Session concluded: 7 :22 p.m. Study Session (cont.) Administrative Items • City Council will advise City Manager Prosser of preferred dates for the Grand Opening and Dedication of the Tualatin River Bicycle and Pedestrian Bridge • Councilor Buehner advised she will need to get direction from City Council regarding whether to proceed with discussions with the Intergovernmental Water Board to determine the disposition of the Water Building. This was discussed further during Non Agenda (see Item No. 10) . • There will be a joint meeting with the Tigard-Tualatin School Board on January 29, 6 : 30 p.m. Study Session concluded at 7:29 p .m. Business Meeting 1 . 1 Council President Sherwood called the City Council, City Center Development Agency, and the Local Contract Review Board to Order at 7:35 p.m. 1 .2 Council Present: Council President Sherwood, Councilors Buehner, Harding, and Woodruff. 1 .3 Pledge of Allegiance 1 .4 Council Communications & Liaison Reports 1 . 5 Call to Council and Staff for Non- Agenda Items: See Item No. 10 — Discussion of ownership decision of the Water Building to come before the Intergovernmental Water Board. Tigard City Council Minutes - January 23 , 2007 10 Agenda Item Discussion & Comments Action Items (follow up 2. Citizen Tigard Chamber of Commerce President-Elect Communications Meeks updated the Council on Chamber activities. The membership drive that was to have taken place this month was canceled due to inclement weather. The drive was rescheduled to August. Gary Firestone,Attorney with Ramis, Crew, and Corrigan advised he will be leaving the firm to become the City Attorney for the City of Newport, effective February 1,2007. He expressed his appreciation for the good working relationship with the City Council and members of the Tigard city staff. He also thanked City Attorney Tim Ramis for the opportunity to work with him and the members of his firm. He said he would miss Tigard. Council members wished Mr. Firestone well and told him that he would be missed. John Frewing, 7110 SW Lola Lane,Tigard OR 97223 invited members of staff and the public to a meeting of the Friends of Bull Mountain Trails next Tuesday, 7:30 p.m.,in the TVF&R Community Room. One of the topics is to identify more pedestrian trails for Tigard. Councilor Harding thanked Mr. Frewing for his efforts. 3. Consent Agenda 3.1 Approve Council Minutes for December 12 *Councilor Buehner advised and December 19,2006 she would abstain from 3.2 City Center Development Agency: voting on Consent Agenda Appoint City Center Development Agency 3.1. (Minutes are for Budget Committee Members: meetings prior to Councilor Mark Haldeman,Rick Parker,Katie Buehner's service on the Schwab,Jason Snider,Dena Struck,and City Council.) Cameron James (Alternate) Motion by Councilor CCDA RESOLUTION NO. 07-01 —A Woodruff, seconded by RESOLUTION APPOINTING MARK Councilor Buehner, to HALDEMAN,RICK PARKER,KATIE approve the Consent SCHWAB,JASON SNIDER,AND Agenda. DENA STRUCK TO SERVE AS Tigard City Council Minutes -January 23,2007 l l Agenda Item Discussion & Comments Action Items follow up MEMBERS OF THE BUDGET The motion was approved COMMITTEE, AND APPOINTING by a unanimous vote of CAMERON JAMES TO SERVE AS Council present. ALTERNATE MEMBER OF THE BUDGET COMMITTEE Council President Sherwood Yes 3 .3 Appoint Planning Commission Members: *Councilor Buehner Yes Jeremy Vermilyea, Tom Anderson, and Councilor Harding Yes Margaret Doherty Councilor Woodruff Yes RESOLUTION NO. 07-02 — A Councilor Woodruff RESOLUTION APPOINTING JEREMY commented on Agenda VERMILYEA, TOM ANDERSON, AND Item 3 .4b regarding the MARGARET DOHERTY TO THE intersection project at SW PLANNING COMMISSION 72nd and Dartmouth. City Engineer Duenas confirmed 3.4 Local Contract Review Board that this intersection will a. Approve ODOT Agreement for Traffic now be signalized to Signal Interconnection Upgrade on improve orderly movement Carmen Drive/Boons Ferry Road at of traffic and enhance the Sequoia Parkway safety of pedestrians and b. Award Contract for 72nd/Dartmouth motorists. He suggested Intersection Project Design Services that something special be C, Approve the Purchase of a 4 x 4 done at this location, a Backhoe Loader significant entrance into the d. Award Contract for a Geographic City and solicit public input Information System (GIS) Needs on what might be done. Assessment and Implementation Plan e. Award Contract for Monthly Cityscape Newsletter Printing f. Award Contract for Pavement Management Services 3 . 5 Approve Budget Amendment #11 to the 2006-07 Budget to Increase Appropriations in the Capital Construction and Transportation Division for Additional Costs Related to Pavement Management Services RESOLUTION NO. 07-03 — A RESOLUTION APPROVING BUDGET AMENDMENT #11 TO THE FY 2006- 07 BUDGET TO INCREASE APPROPRIATIONS IN THE CAPITAL Tigard City Council Minutes - January 23, 2007 12 Agenda Item Discussion & Comments Action Items follow up CONSTRUCTION AND TRANSPORTATION DIVISION FOR ADDITIONAL COSTS RELATED TO THE PAVEMENT MANAGEMENT SERVICES 3 .6 Authorize City Manager to sign a Dedication Deed Transferring Title of Reserve Access Strips to the Public RESOLUTION NO. 07-04 — A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN ON BEHALF OF THE CITY, A DEDICATION DEED TRANSFERRING TITLE OF RESERVE STRIPS TO THE PUBLIC 4. Oregon City Engineer Duenas introduced ODOT Department of Region 1 Director Jason Tell. Mr. Tell's Transportation report and discussion with the City Council (ODOT) Region 1 included the following: Manager Jason Tell • Oregon, for the first time in many years, is receiving more federal dollars for transportation improvements than what the State's taxpayers are contributing. There is recognition of the value of investing in transportation. • ODOT will assess transportation needs to present to the State Legislature. • Challenges: The Highway Trust Fund is nearly insolvent because: o The gas tax hasn't been increased for a number of years; o People are buying more fuel- efficient vehicles; and o Construction costs have increased. A committee has been formed to review this situation with the Highway Trust Fund. • Region 1 receives $ 17 million per year for modernization projects, which is not a lot Tigard City Council Minutes - January 23, 2007 13 Agenda Item Discussion & Comments Action Items follow up of money when there are so many needs to address. Mr. Tell described efforts to motivate the business community to assist. He stressed the importance of partnerships and leveraging funding packages to maximize tight funding. • Mr. Tell noted the value of meetings, such as this one, to help local jurisdictions keep their needs to the forefront. He requested the City keep in contact with his assistant, Alan McDonald. • Mr. Tell noted the importance of setting priorities with projects ready to go as much as possible so that you can be ready if the legislature decides to move ahead. • There was discussion on whether it seems likely if the legislature will pass a statewide gas tax. Mr. Tell said that there appears to be some willingness to consider a revision to the collection of gas tax and for it to keep up with inflation. • Councilor Buehner advised of her concerns with communications from ODOT insofar as how the citizens are able to convey concerns about transportation. Also, she noted that 99 percent of the population is not aware that funding for transportation projects is done mostly at a local level. Mr. Tell asked Ms . Buehner to notify him when specific communication problems arise. He said the State funds the majority of the state system improvements; however, the cost of projects has risen so quickly, that purchasing power is down. The state is asking local jurisdictions to find ways to leverage. He agreed communications need to improve with the public and said that for a long time transportation funding has been taken for granted. People need to understand how transportation projects are funded and be asked to weigh-in with their opinion. • Councilor Woodruff noted there are questions about the future of Hall Boulevard and the need for a discussion in Tigard City Council Minutes - January 23, 2007 14 Agenda Item Discussion & Comments Action Items follow up the future about how joint efforts through a partnership with state are working. Mr. Tell suggested that the city and state staff work together to prepare information on projects and then when he returns to visit with the City Council, there can be a discussion about specifics. • City Engineer Duenas said ODOT is to be commended for providing additional funding for the Hall/99W improvements when the County realized it had a funding shortfall for the project. 5 . Tualatin Tualatin Riverkeepers Executive Director Riverkeepers Patricia Irons and Watershed Watch Presentation — Coordinator Brian Wegener presented the City Updated Field Guide Council with copies of the most recent edition of its field guide EVIoring the Tualatin River Barin, a nature and recreation guide prepared by the Tualatin Riverkeepers. The Guide was created by donation of more than 10,000 hours of volunteer-time from many individuals including professional photographers . Council members also received a copy of The Green Heron Herald, the Winter 2007 newsletter, which announced a nurnber of upcoming events. The Riverkeepers website is : www.tualatinriverkeepers.org. The Green Heron Awards dinner is April 14, 2007 . Nominations are encouraged. Councilor Buehner referred to the work done by Senior Planner Nachbar and the City Center Advisory Commission for downtown planning efforts . Mr. Wegener said forms will be posted on their website and encouraged nominations. Forms are due February 15 . Mr. Wegener said they would like to be present during the grand opening of the Tigard-Tualatin Pedestrian Bridge. Council President Sherwood thanked the Tualatin Riverkeepers for all the work they have done in the community. Tigard City Council Minutes - January 23, 2007 15 Agenda Item Discussion & Comments Action Items (follow up 6 . City Vision Assistant City Manager Newton and Risk Process Update Manager Mills presented the update on citywide vision highlights and the process change to incorporate the visioning effort into the Comprehensive Plan update. An overview and an outline of key accomplishments in the Vision's six target areas were presented to the City Council. A copy of the presentation is on file in the City Recorder's office. All Council members present expressed words of appreciation to Ms. Newton and Ms . Mills for their enthusiasm and continued efforts to make the Visioning project such a success for the last ten years . The work accomplished on the vision will make the updated Comprehensive Plan better. Assistant City Manager Newton recommended that an annual update be maintained in the Comprehensive Plan process. 7 . Council Goal City Manager Prosser referred to the draft Motion by Councilor Adoption goals submitted to the City Council for their Buchner, seconded by review. Mayor Dirksen and Councilor Councilor Woodruff, to Harding had made some suggestions for approve the 2007 City wording. Council President Sherwood Council goals subject to suggested that Mayor Dirksen and Councilor edits proposed by Mayor Harding meet to discuss how the final goals Dirksen and Councilor should be worded and that the Council adopt Harding. the draft subject to their edits. The motion was approved by a unanimous vote of Council present. Council President Sherwood Yes Councilor Buchner Yes Councilor Harding Yes Councilor Woodruff Yes Tigard City Council Minutes - January 23, 2007 16 Agenda Item Discussion & Comments Action Items (follow up 8 . Council Liaison City Manager Prosser introduced this agenda Motion by Councilor Appointments item for which a resolution was proposed to Harding, seconded by formally adopt and specify roles for City Councilor Buehner, to adopt Council liaison appointments to City of Tigard Resolution No. 07-05 . and regional boards, commissions, committees and task forces. City Council had discussed The motion was approved these appointments on December 11 , 2006, by a unanimous vote of and January 9, 2007. Council present. RESOLUTION NO. 07-05 — A Council President RESOLUTION SPECIFYING CITY Sherwood Yes COUNCIL LIAISON APPOINTMENTS Councilor Buehner Yes TO CITY OF TIGARD AND REGIONAL Councilor Harding Yes BOARDS, COMMISSIONS, COMMITTEES Councilor Woodruff Yes AND TASK FORCES City Manager Prosser advised this information will be shared with the City boards and committees as well as posted on the City's website. 9 . Informational Council President Sherwood opened the Motion by Councilor Public Hearing — public hearing. Woodruff, seconded by Formation of Sewer Councilor Harding, to adopt Reimbursement There were no declarations or challenges Resolution No. 07-06 . District #37 (SW 87``' regarding the Council proceeding with the Court, Hall hearing. The motion was approved Boulevard) by a unanimous vote of City Engineer Duenas presented the staff Council present. report regarding formation of Sanitary Sewer Reimbursement District No. 37. A copy of Council President the presentation outlined by City Engineer Sherwood Yes Duenas is on file in the City Recorder's office. Councilor Buehner Yes Councilor Harding Yes City Engineer Duenas confirmed that the Councilor Woodruff Yes three owners, who did not attend the neighborhood meeting, have not contacted the City. There was no public testimony. Tigard City Council Minutes - January 23, 2007 17 Agenda Item Discussion & Comments Action Items follow up) Staff recommended approval of the proposed resolution forming the reimbursement district. In response to a question from Councilor Woodruff, City Engineer Duenas advised that more than 400 laterals (lots) have been connected to the sewer system since the reimbursement district program was started. There were 661 laterals identified at the beginning of the program; therefore, the program is about 2/3 complete. Council President Sherwood closed the public hearing. RESOLUTION NO. 07-06 — A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 37 (SW 87THCOURT, HALL BOULEVARD) 10. Non Agenda Councilor Buehner advised that each Items representative of the Intergovernmental Water Board (IWB) was asked to check with their City Council/Board members and ask whether a review should be done to determine the disposition of the Tigard Water Building. If the IWB representatives are directed to consider this matter of disposition, then the next steps will be to determine how to calculate property valuation and resolve related methodology issues . City Manager Prosser advised there are a few water staff members located in the building at this time. Consensus of the City Council was for the IWB to consider disposition of the building. Tigard City Council Minutes - January 23, 2007 18 Adjournment The meeting adjourned at 9 : 01 p.m. Motion by Councilor Woodruff, seconded by Councilor Harding, to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Council President Sherwood Yes Councilor Buehner Yes Councilor Harding- Yes Councilor Woodruff Yes Carol A. Krager, Deputy City Recorder Attest: Mayor, 37,ity of Tigar Date: Tigard City Council Minutes - January 23 , 2007 19